Opinion

Harris v. State

  • 638 S.W.2d 914
Court
Texas Court of Appeals, 1st District (Houston)
Filed
Oct 13, 1982
Status
Published
Author
Bass
On the bench
Bass, Smith, Dyess
Cited by
3 cases

The opinion

*920 Opinion on Motion for Rehearing

BASS, Justice.

Appellee’s motion for rehearing addresses the point concerning “the xeroxed copy of the appellant’s pen packet (Sx-2) was not authenticated under the provisions of Article 3731 (Section 4, Tex.Rev.Civ.Stat.Ann.), and a proper predicate was not laid for the admission of this copy to prove the enhancement portion of the indictment.”

The record on appeal did not have Sx-2 forwarded to the Court of Appeals. The testimony of the officer stated that Sx-2 was a xeroxed or photocopy, and was not an original. Since the filing of the Motion for Rehearing by the appellee the exhibit (Sx-2) has been delivered to the Court of Appeals.

The pen packet (Sx-2) has the original certification from the proper officer and the xeroxed copies of the judgment, sentence, fingerprints and photographs, attached thereto and made a part thereof, are now properly before the Court of Appeals.

The proper predicate has been and was properly laid in the trial court pursuant to Article 3731a (Section 4, Tex.Rev.Civ.Stat. Ann.).

The appellee’s motion for rehearing is granted and the appellant’s motion is denied. This court’s former judgment of April 22, 1982 is vacated, set aside and annulled.

The judgment of the trial court is affirmed.

/s/ Sam Bass

Associate Justice

DYESS and SMITH, JJ., not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.